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COM. v. THOMAS

522 Pa. 256 (1989)

561 A.2d 699

COMMONWEALTH of Pennsylvania, Appellee, v. Brian THOMAS, Appellant.

Supreme Court of Pennsylvania.

Decided June 27, 1989.

Reargument Denied August 21, 1989.

Attorney(s) appearing for the Case

Jeremy C. Gelb, for appellant.

Gaele McLaughlin Barthold, Deputy Dist. Atty., Ronald Eisenberg, Phila. Co. Chief, Philadelphia, Appeals Div., Hugh J. Burns, Jr., Asst. Dist. Atty., Catherine Marshall, Robert A. Graci, Chief, Deputy Atty. Gen., for appellee.

Before LARSEN, FLAHERTY, McDERMOTT, ZAPPALA and PAPADAKOS, JJ.

OPINION OF THE COURT

PAPADAKOS, Justice.

We are presently required to review the conviction of Brian Thomas (Appellant) of murder of the first degree and the sentence of death pursuant to 42 Pa.C.S. § 9711(h)(1).1 Appellant was arrested and charged with criminal homicide, burglary, involuntary deviate sexual intercourse and rape, arising out of the death of Linda Johnson whose naked,

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